Appendix J:

Stalking

A person commits stalking when all of the following occur:

  1. The person purposefully engages in course of conduct directed at a victim that would cause a reasonable person to fear bodily injury to, or the death of, the victim or a member of the victim’s immediate family.
  2. The person has knowledge or should have knowledge that the victim will be placed in reasonable fear of bodily injury to, or the death of, the victim or a member of the victim’s immediate family by the course of conduct.
  3. The person’s course of conduct induces fear in the victim of bodily injury to, or the death of, the victim or a member of the victim’s immediate family.

    “Course of Conduct” means repeatedly maintaining a visual or physical proximity to a person without legitimate purpose or repeatedly conveying oral or written threats, implied by conduct, or a combination thereof, directed at or toward a person.

    “Immediate Family Member” means a spouse, parent, child, sibling, or any other person who regularly resides in the household of a person or who within the prior six months regularly resided in the household of the person. “Repeatedly” means on two or more occasions.

^ top

Procedures for Reporting Stalking

Any student, faculty or staff member who believes he/she is a victim of stalking should immediately contact the Des Moines Police Department at 9-911. Campus Security should also be notified at 811.

Punishment of Persons Convicted of Stalking

Under Iowa law persons convicted of stalking face the following:

  1. A third or subsequent offense is classified as a Class C felony, punishable by imprisonment up to ten years and/or at least $500 but not more than $10,000.
  2. A second offense (or a first offense when the person commits stalking in violation of a no contact order, when the person commits stalking while in possession of a dangerous weapon, or when the person commits stalking against a person under 18 years of age) is classified as a Class D felony, punishable by imprisonment up to two years and/or a fine of at least $500 but not more than $7,500.
  3. A first offense is classified as an aggravated misdemeanor, punishable by imprisonment up to two years and a fine of at least $500 but not more than $5,000.

Iowa Code §§ 708.11, 902.9 and 903.1

^ top